Plaintiff, Roy Keane by his attorney, Walter Meier files his Complaint against defendants as follows: Claim 1 – Assault
1.
Plaintiff, Roy Keane accompanied his wife to an NHL pre-season game at the Rose Garden in Multnomah County on September 16th, 2011. 2.
As plaintiff and his wife attempted to leave the stadium after the match, they encountered defendant, Bryce Caldwell. 3.
Plaintiff had a heated conversation with defendant, Bryce Caldwell concerning the match.

4.
Defendant purposefully approached Plaintiff and his wife and intentionally punched Plaintiff in the face. 5.
Plaintiff clearly saw and apprehended the punch before impact. 6.
The Plaintiff suffered damages from the wrongful assault by Bryce Caldwell including, pain and suffering, emotional distress, and other damages.

Claim 2- Battery
7.
Plaintiff realleges paragraphs 1 through 6 of Claim One as paragraph number 7 of Claim Two. 8.
Plaintiff became unconscious upon impact of the first punch, and dropped to the ground. 9.
While Plaintiff lay unconscious, Defendant Caldwell continued to kick and punch Plaintiff in the ribs, stomach, chest, and head. 10.
Over the course of the attack, Plaintiff sustained damage to his spleen, multiple hemorrhages, a broken nose, a broken cheekbone, three broken ribs, and permanent damage to his left eye.
11.
Defendant Caldwell ended the attack after Mrs. Keane and several bystanders restrained him. 12.
Plaintiff was hospitalized for a month following the attack. 13.
Plaintiff continues to experience seizures and his left eye is permanently damaged. 14.
Due to his injuries,...

YOU MAY ALSO FIND THESE DOCUMENTS HELPFUL

...﻿TORTS – PRETEST (5 points each)
Question 1
A HARMFUL OR OFFENSIVE CONTACT IS AN ELEMENT OF WHICH OF THE FOLLOWING TORTS?
intentional infliction of emotional distress
conversion
BATTERY
slander
Question 2
AFFIRMATIVE DEFENSES IN TORT ACTIONS COMMONLY INCLUDE ____.
assumption of risk
contributory negligence
comparative negligence
ALL OF THE ABOVE
Question 3
ASSAULT, BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____TORTS THAT INVOLVE INTERFERENCE WITH A PERSON'S BODY.
INTENTIONAL
toxic
criminal
negligent
Question 4
Bad Jim decides to break into Flora's house to steal her jewelry. Bad Jim slips on some spilled milk that was on Flora's kitchen floor and suffers a broken leg. Bad Jim wants to sue Flora for compensation for his injuries. Which of the following statements is (are) true?
Jim will win his lawsuit if he can prove that Flora negligently left the milk on the floor for a considerable period of time.
Jim will lose his lawsuit because a homeowner can never be liable to a trespasser.
JIM WILL LOSE HIS LAWSUIT BECAUSE FLORA'S DUTY TO A TRESPASSER IS LESS THAN HER DUTY TO AN INVITEE.
Both b and c.
Question 5
Brad owns a clothing store, Hollywood Rags. One day, while Jennifer is shopping at Hollywood Rags, she is approached by Angelina, the store security guard. Angelina calls Jennifer a thief in front of a group of other customers. Angelina then grabs Jennifer by the arm...

...﻿ DR. RAM MANOHAR LOHIA NATIONAL
LAW UNIVERSITY
LUCKNOW
(2014-2015)
FINAL DRAFT ON
“TORT OF NEGLIGENCE”
Submitted to Submitted BY
Mr. R.K Yadav RAHAT ALI
Astt. Prof. (Law) ROLL NO - 100
B.A. LL.B (Hons)
SEMESTER- 1
TABLE OF CONTENTS
ACKNOWLEDGEMENT..............................................................................(3)
DEFINITIONS………………………………………………........................(4)
ESSENTIALS OF NEGLIGENCE...........................................................(5)
DEFENCES FOR NEGLIGENCE............................................................(7)
EXISTENCE OF A DUTY……………..…………....................................(9)
BIBLIOGRAPHY...................................................................................(10)
ACKNOWLEDGEMENT
Every work accomplished is a pleasure- a sense of satisfaction. However a number of people motivate, criticize, appreciate a work with their objective ideas and opinions, hence I would like to use this opportunity to thank all, who have directly or...

...Chapter 1 (principles book)
What is a Tort? You mean a tart? Like a caramel tart?
Torts are common law causes of action. A tort is a wrongdoing that results in injury to another person or damage to property. Torts differ from crimes in that crimes are punishable by the state in criminal court, whereas torts generally allow individuals to seek compensation for their injuries in civil court. Some acts can be both a tort and a crime. For instance, threatening to seriously injure someone is, in tort law, an assault; the victim may be able to sue the perpetrator in civil court for compensation for the emotional distress caused by the tortious assault, while the state may seek jail time for the perpetrator in a criminal court.
In order to win a tort lawsuit, the plaintiff (the person who initiates the lawsuit) must show that the defendant (the person accused of wrongdoing in the lawsuit) had a duty to act in a particular manner, breached that duty, and actual damages or injuries occurred as a result of the breach.
* A tort is actionable at the suit of an individual, or individuals.
The genius of the common law of torts is:
(a) To remain constant- developing from ancient common law principles which require human interaction to be placed within different categories such as trespass, negligence...

...Civil wrongs - torts
PowerPoint 1
Torts
• Civil wrong other than a breach of contract
• Causes personal injury, property damage or financial loss
• Innocent party usually claims damages
• Purpose - justice to be achieved by transferring kiss I'm the victim to wrongdoer
• Principle - each citizen should take responsibility for consequences of his/her actions
Types of civil wrongs (torts)?
• Compensation is the chief remedy sought
• Nuisance, defamation, negligence, trespass, liability for dangerous animals
• Nuisance - something unauthorised that is obnoxious or injurious to community at large or to an individual, especially in relation to his/her ownership of property
• Trespass - direct an unlawful interference with possession of person, property or land, regardless or intention of trespasser
Tortes verses contract law
• Tort law - special relationship other than a contract which forms the basis of civil claims (e.g. Patient/doctor, parent/child)
• Contract law - legally binding agreement forms the basis of the civil claim
• For a tort to be successful - plaintiff must prove existence of certain elements that give rise to a special relationship (e.g. Teacher/student, employer/employee)
• Same situation (e.g. Motor vehicle accident) can give rise...

...Introduction
This assignment will establish the elements needed for a person to be held liable in Tortious Law. Once the elements have been established they shall then be used to determine if the individuals in each scenario would be held liable.
Tort Law
Tort Law in layman’s terms is a civil wrong. It does not necessarily need to be an illegal action but an action that has consequently caused harm or suffering to another. The main outcome for a person claiming they have been a victim of a tortious act is compensation. For a successful tort claim the three main elements need to be present and their needs to be a standard of proof; a balance of probabilities.
The Necessary Elements
As followed in Donoghue v Stevenson [1932] AC 562
i. Duty of Care
ii. Breach of Duty
iii. Damage caused by Breach of Duty.
Causation
This coincides with the three part test established in case that leads precedent in tortious liability, Caparo Industries Plc v Dickman [1990] 1 All ER 568.
i. Foreseeability of Damage
ii. A relationship characterised by the law as one of proximity or neighbourhood.
iii. A relationship characterised by the law as one of proximity or neighbourhood
Duty of Care
Duty of care prior to 1932 was restricted to situations where a relationship had already been established such as a doctor-patient relationship. However in Donoghue v Stevenson that duty of care became adapted. Lord...

...TortCivil or non-criminal wrongful conducts or omissions arising out from non-contractual obligations and causing injuries to another party by providing remedies for the injuries.
“Tort”norman-french language –means mischief and wrong
Comes from latin- tortus – means crooked, wrung and twisted.
Sir John Salmon – Tort: a civil wrong for which the remedy is a common law action for unliqudated damages, and which is not exclusively the breach of contract or trust or other equitable obligation
Sir Percy henry Winfield- tort – the breach of duty affixed by the law, where the duty is one towards the person generally and its breach is redressible by action of damages
Person commits tort = tort-feasor/wrongdoer
Wrongdoing – tortious act
Injured part – can claim unliquidated damages eg. Compensation
Damages – not specified – decided by court
Tort comprises of following features:
* Tort – non-contractual civil wrongdoing or omission
* The wrongful act or omission injured the interest /rights of other party
* Affected.injured party – rights to claim for unliquidated damages
Torts divided into 2 classes
1. Unintentional torts – negligence, strict liability
2. Intentional torts- trespass, defamation
Negligence
-Failure of exercise care
-harm caused...

...Introduction
There are many situations or acts that are not directly marked as crimes and not arise out of contracts or statutes. Those acts are considered as civil wrongs and cause damages and injuries to individuals or businesses. These damages, injuries or wrongful acts are called tort. Tort is the area of law where in response to a private or civil wrong or injury the courts provide the remedy of allowing a lawsuit for those wrongs, injuries or damages. Thus, the goal of tort is to restore the victim to business or individual’s former condition. So, if a individual or business is injured by an act or situation, the victim can restore his position by the help of tort law.
What is Tort?
The term ‘tort’ is the French equivalent of the English word ‘wrong’ and of the Roman law term ‘delict’. The word tort is derived from the Latin word ‘tortum’ which means twisted or crooked or unlawful which is just the opposite of straight or lawful. Torts are usually offenses committed by a person who attempts or intends to do harm. Torts are the acts that injure someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, which are opposed to criminal ones.
According to Salmond and Hueston, “A tort is a...

...A civil wrong other than a breach of contract. Tort usually refers to the causing of damage to property or to a person's reputation, or harm to a person's commercial interests.
Wrongful act, other than a breach of contract, that injures another and for which the law permits a civil (noncriminal) action to be brought. Relief may be obtained in the form of damages or an injunction. The term derives from Latin tortum, meaning something twisted, wrung, or crooked
The body of the law which allows an injured person to obtain compensation from the person who caused the injury.
In general, a civil wrong, other than breach of contract, for which a court will provide a remedy in the form of a suit for damages.
Salmond and Hueston- A tort is a civil wrong for which the remedy is a common action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other mere equitable obligation.
Winfield and Jolowicz- Tortuous liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.
Nature of tort
Historically tort had its roots in criminal procedure. Even today there is a punitive element in some aspects of the rules on damages. However tort is a species if civil...